NAIROBI, Kenya — The scrawny teenage pirate stormed the Maersk Alabama hoping for a share of a $3 million ransom. He was attacked by its sailors, stabbed in the hand and tied up, and later arrested by the U.S. Navy.
The wound probably saved the life of Abduhl Wal-i-Musi, who was taken aboard the USS Bainbridge for medical treatment before snipers killed his three comrades holding American skipper Richard Phillips hostage in a lifeboat.
Now Wal-i-Musi awaits a flight to the United States for trial — a rare instance of a piracy case advancing through the justice system.
In fact, most suspected pirates plucked from the seas by warships of different countries are set free because of the many pitfalls along the path to prosecution.
“Prosecuting detained pirates — that is simply not our business,” said Cmdr. Achim Winkler of a European Union flotilla that has nine warships and three maritime patrol planes guarding shipping lanes in the Gulf of Aden.
As the world grapples with the scourge of piracy in the busy waters off the Horn of Africa, the United States and other countries are calling for the bandits to be held accountable. Some even are considering a special tribunal.
A Kenya-based diplomat of another country that patrols those waters says putting pirate suspects on trial is “still a lot of hassle.” Pirate boats are often destroyed to prevent the bandits from getting back to sea, but unless they’re caught in the act, his navy’s policy is to set the marauders free.
Kenya is the most popular destination for suspects. The East African nation bordering Somalia has agreements with the U.S., EU and Britain to prosecute suspected Somali pirates, leading to a slew of court cases in the southern port of Mombasa.
But diplomats privately fear that if every suspect is brought to Kenya, it could take years to prosecute because of a backlog of 800,000 cases of all kinds in the country’s courts. Some suspects spend a year or more in jail just to get a hearing.
Kenya’s Foreign Ministry said Friday that it is studying a proposal to establish a special tribunal but likely would expect richer countries to foot the bills. Mark Ellis, executive director of the International Bar Association, said Kenya would almost certainly need help.
Wal-i-Musi could have been sent to Kenya, but the U.S. decision to prosecute him in New York could be a sign of Washington’s determination to bring suspected pirates to justice.
Prosecutors have not yet said what charges Wal-i-Musi will face.
